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Found 16 results

  1. My thanks go out to everyone here on hadit.com! In September 2019, I filed two CUE claims. One was granted and the other was denied, but will be appealed. In 1995, I filed a claim for rhinitis/sinusitis (38 CFR 4.97 DC 6501/6522) and it was granted on appeal in 2000 due to aggravation of pre-existing disability. 30% was awarded, but it was reduced by 10% to 20% due to the C&P examiner's opinion: “OPINION: In my opinion, the veteran obviously had allergic problems before entering the service which got worse while he was in the service…” After fighting for five years, I was elated and took the VSO's advice not to rock the boat. In 2009, I found hadit.com and began educating myself. I always felt something was not quite right and began researching this issue. I was still worried about rocking the boat, but in 2019 I finally got the courage to move forward after having a heart attack and realizing life is short. I performed extensive research and filed the CUE claim in September 2019. Because of the ridiculously strict CUE rules, I was required to use laws in effect at the time the rating decision was made, which were found in old copies of the Federal Register. Another challenge was boiling it down to just the facts, removing emotional factors, and presenting the error from the perspective of a reasonable person (i.e. 8th grade reading level, if that). The VA failed to properly apply this pivotal law from 1961: Two key factors apply: 1. VA must determine the level of disability existing at the time of entrance into active service 2. If the VA cannot determine the level of disability existing at the time of entrance into active service in terms of the rating schedule, they are not allowed to reduce the rating. I then looked up the rating criteria in effect in 2000: My entrance exam was "normal". The C&P found polyps to justify the 30% rating. Can "normal" be ascertained in terms of the rating schedule? No. Other than including a copy of the evidence, relevant laws in effect at the time, and showing how the VA failed to follow the laws when making the decision, this summarizes the entire situation: After the VA received my CUE packet, it took them 127 days to complete the request. Six weeks were wasted by the VA requesting copies of relevant medical records from the VAMC, despite those records already being present in my claims file. Considering the fact that my claims file was partially scrambled and even contained other veterans documents, I kind of don't blame them for re-requesting the records so they have them contiguously. One week was wasted by someone at the VARO asking if a CUE needed to be submitted on a specific form (as of today, not required per M21-1). As for my other CUE, it was for TMJ and failing properly apply DeLuca and ROM laws. The rating decision contained even less detail than the original decision. In effect, they made the exact same error again, so I will be appealing.
  2. Long time reader of Hadit, first day member. I signed up to spread the good news and pass along my thanks and appreciation to all of you (and ask a math question in another thread). I am very thankful to all those who have posted and replied. This site and VBN gave me much information and inspiration as I worked thru my claims over the past 18 months. On 30 Nov E-bennies showed all my claims and deferred issues have finally been closed and reflected on the letters you can download...100% P&T!!! . Extremely thrilled and a bit in shock and disbelief. I want to pass on my excitement and hopefully some inspiration to those who are trudging thru the VA disability claims process. Keep at it! Every diagnosis and condition you obtained as a result of your service is a testament to the sacrifices you made for this nation. There are laws established to compensate you for that pound of flesh and mind you have given...be it in combat or back stateside in training, from stress, long hours, rough conditions, etc. Don't ever feel guilty about your compensation or seeking compensation. You earned it orders of magnitude more than anyone has ever 'earned' their mortgage deduction or welfare or food stamps. Those are entitlements...VA disability is legally deserved indemnification benefit from our US Government employer for the workplace injuries we incurred. It is only accessible to those who sacrificed in service to the nation. Yes the 'process' is a lot of red tape, but in my case the process MADE me seek the medical attention I needed to find out what was causing my issues so I would have the diagnosis to go with the symptoms for a proper claim. The money is nice, but truly I am thankful to the VA for this process because it is a forcing function to actually seeking root cause and not accepting the 'just take some Motrin' party line that the military docs told me for 21 years (guess what Motrin/Aleve/NSAIDs make a Hiatal Hernia/GERD worse and it doesn't fix a torn meniscus in the knee nor a laberal tear in the hip!) So don't forget that piece of this 'process'. While you are working your claims, and determining your issues, you are actually taking control of your health. Bottom line: 100% P&T whoo-hoo!! Thanks to all the posters for the information to keep me going. To all those still in the fight, keep at it! God Bless You All, and God Bless America! Rocketeer
  3. Greetings: I am grateful that one afternoon a few years ago, I Googled "I've had it with the VA". That simple "search" born out of utter frustration led me to "Hadit". And there it all started! As of two weeks ago, I'm rated 100% (long overdue). And, I am still NOT done with the VA. For those looking to do there own research I offer this process: Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html Obtain your full VA treatment records from the "release of information" window at the center you receive treatment at. Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis - chronocity is critical! Identify the incident, event, or situation in service that "caused" this condition. If it's in your active duty medical records that's extremely valuable. If it manifest after service you'll need to find a way to "connect" it to service - the "nexus". Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38: Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records. Review the DBQ the C&P examiner "must" use to rate your current condition, found here: http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to "rule and rate" on your claim. HINT, the cases tell you what evidence actually supports a claim. For example, here's a search for Sleep Apnea secondary to chronic Sinuitis: https://www.google.com/?gws_rd=ssl#q=sleep+apnea+secondary+to+chronic+sinusitis Look for evidence in these cases that would support your claim, and THEN match and find your evidence - NEVER, EVER lie! Gather all your evidence, write up a Statement in Support of Claim, found here: https://www.google.com/?gws_rd=ssl#newwindow=1&q=va+"Statement+in+Support+of+Claim" and mail it certified return receipt requested. NUMBER every single page, make copies, and wait. Make someone sign for your mailed packaged - VA has NEVER lost my packages! Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ. I usually hand write a list of the 6-7 items that supports my claim. I make sure the examiner see this. I'm so done with the VA, I walked into to my last C&P with my 4" binder and the Dr. undersood I knew what is going on. A C&P exam is a LEGAL MEEETING, not medical treatment. I submitted my last three claims in July and they were fully decided correctly in six months. Help the VA help YOU! And, most importantly, never, never, never, ever give up. Be relentless! Most grateful, PJ I got a request to see how I wrote Claims, so here they are: Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis. Digestive disorder. Skin disorder. VA's 2015 Decision on these three Claims. 1 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-1- redacted.pdf 2 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-2 - redacted.pdf 3 - STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS FOLLOWED BY TINNITUS - PG-3 - redacted.pdf 4 - DBQ WITH TINNITUS - HEARING LOSS & PERIPHERAL VEST DIS - AMENDMENTS_Redacted.pdf 5 - C&P EXAMINER'S DBQ FOR EAR CONDITIONS.pdf 6 - STMT SUPPORT CLAIM - RHIODS 2014 - redacted.pdf 7 - DBQ FOR RHOIDS - FOR C&P.pdf 8 - STMT SUPP CLAIM - ECZEMA 60% - PG 1-2.pdf 9 -STMT SUPP CLAIM - ECZEMA 60% - PG 3.pdf 10 -STMT SUPP CLAIM - ECZEMA 60% - PG 4.pdf 2015 DX REDACTED FOR HADIT_Redacted.pdf
  4. I finally received a hard copy of my recent C&P exam. I had to travel to the actual VAMC in DC to retrieve it even though I submitted a paper request about a month ago. Anyway, here are the results… Please tell me what you think my chances of receiving a favorable rating are. My claim was remanded back to the VARO by the BVA for further development and a C&P exam. Here are the results… ICD code: 309.28 (F43.23) Mental Disorder: Adjustment Disorder with Mixed Anxiety and Depressed Mood Under #3 Occupational and social impairment [X] Occupational and social impairment with reduced reliability and productivity is checked For VA rating purposes, check all symptoms that apply to the Veteran’s diagnosis: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Impaired judgement [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining work and social relationships [X} Difficulty in adapting to stressful circumstances including work or a work like setting [X] Impaired impulse control such as unprovoked irritability with periods of violence Remarks: The diagnosis obtained was based on the criteria contained in the Diagnostic and Statistical Manual of Mental Disorders -5 (DSM-5) TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness. b. Based on this examination and veteran’s current symptoms described in the examination report, the veteran meets diagnostic criteria for Adjustment Disorder with Mixed Anxiety and Depressed Mood (with alcohol use) as outlined in the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5). Therefore, the current diagnosis is at least as likely as not related to the veteran’s fear of being deployed to the Gulf War during his Active Reserve Duty Training in 1990. Thanks in advance for all your help and advice.
  5. Hey all, I have been doing some reading in my spare time and while attempting to better myself in all areas of my life (certainly a constant struggle which I find I have little energy for-a lot) I happened upon a quote by William Hazlitt. When I read this quote, I immediately thought of my early years in my claim process when I was very ignorant of the processes that we must embrace and oftentimes overcome when dealing with the VA; and quite frankly, this would apply in pretty much every area of our lives: "The way to secure success is to be more anxious about obtaining than about deserving it." When I read this and applied it to my situation regarding my claims process, I came to realize that although I knew I deserved it (it still makes me squeamish to use that phrase), I still didn't understand the need for me to "set a fire" about obtaining the results that I needed. Back in 2008, I was under the impression that the VA would see my issues and grant and life would be merry. Obviously, most of you know, and I NOW know that was a very farcical way of thinking. It wasn't until my first denial letter and reading through the fanciful footwork of the VA that I began to comprehend the battle I was going to be facing. Shortly thereafter, I found this website and can I say, "God bless T-bird and all of you" who contributed to my education in the ways of the VA. I found that I had to set aside my ideas of "deserving" it and had to become "...more anxious about obtaining..." the success of my claim. For many of us and myself included, being anxious meant that we had to become enraged and furious at the misapplication of the law that was so evident in many, if not most of our claims. But more importantly, if there was no other benefit, it caused me not to let my claim rest in the hands of the VA, or the VSOs, or to Hadit.com, or to chance; but rather to myself, and for me personally, to my Lord who knew that I truly was deserving. Sometimes, being anxious means we have to educate ourselves on the ins and outs of the processes. It also means asking for help which I am thankful that I did. The majority of my knowledge came from this group, dedicated to helping other veterans and their families out with experiences shared and utilized. I am the one, and you are the one, that only can secure the success of your claim. If the evidence is there, then it is up to me hand walk it threw the process. Don't leave it up to the VSO and obviously don't leave it up to the VA. Sure, I may not like it, but I'm the one that has to gear up (yet again) for a fight. We can cry and clamor the day long about how it not to be that way, but it is. Looking back, had I not received the encouraging and profitable words here to keep up the fight, I'd have not carried on. I guess I said all that to say that we use the resources that we have here on hadit.com, our VSOs, and even the VA, but it boils down to how willing and how hard am I going to fight to make sure that my claim sees success? And that's a question that we all have to ask on a personal basis. I could have claimed ignorance and thus, defeat. But if I had educated myself and fought and fought, and fought some more to the full extent and still lost, I'd have gone away with knowing that I had done my best. And that, my friends, is what I deserve. Thanks for letting me post my little say! Semper Fi, Sgt. Wilky
  6. Hey All! I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years. I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification). I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date. Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs! I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans! Semper Fi, Sgt. Wilky
  7. Finally got a rating! I must admit to being quite surprised that from starting the process (April 2015) until receiving retro (today) was much faster than I could've anticipated. 7 years ago, I tried to file at the Denver, Colorado VA and they took a whole year to pretty much send me a letter calling me a liar. Nevertheless - I haven't received my percentage yet but some quick math indicates 60% perhaps. I read something which says IF an FDC was filed between August 2013 and August 2015, Retro for a whole year (in addition to claim date) should be received. Is that true? I am asking because I received Retro for 5 months during claim processing but haven't received a year in addition to this. Is there something more I need to do to receive this 'extra' year incentive? Thanks for all the help Hadit!
  8. Gotta few questions: What does this mean? I have not received any compensation thus far...
  9. I'm an emotional xxxxxxx wreck, sorry for the long post. For a long time I struggled with refusing to get help, trying to man up... all the bullshit that comes with it. I finally wised up and realized that as a 27 year old young man with my entire life ahead of me I don't have to continue living like this. Time to hold the Army accountable for its actions. I suffer not only with PTSD but also many other chronic health issues, one of them dysautonomia (a nervous sytem disorder that leaves me bed-bound most of my life). Dysautonomia is said to be secondary to long term, unresolved, PTSD, according to my Autonomic Neurologist. Currently I take large amounts of legal, scripted amphetamines to get out of bed in the morning. I'm looking for the best claims rep in Illinois (I live near Chicago). I don't have time to beat around the bush, fail the claim, have to go through appeals... etc. I want this done right the first time. PTSD, migraines, dysautonomia, gastroparesis, chronic idiopathic constipation, chronic fatigue syndrome, anxiety, depression, bipolar disorder, tinnitus (that greatly exascerbates my migraines), and a irritable bowel syndrome. No I am not making all of these up. I have a 3 inch binder to prove it, with medical records, referrals, doctors notes, diagnoses, etc. Stanford, Mayo, Vanderbilt, etc. visits all included. My health is completely xxxxxx. I am so sick of being alone, having my family abandon me in my time of need, and living on the street. Is there anyone out there that has an idea of a phenomenal claims rep that they would recommend, to help me get my claim processed so I can have a safe place to stay, for once in my life? I'm ready to move forward and need a good name to help me get this claim rolling so I can spend the money on furthering my medical treatment. Thank you, Nick
  10. I filed a new claim as of 27 April 2015. I am seeking advice on how to handle the employment piece. Since I left the Marine Corps. a few decades ago, I've never gotten used to the rampant selfishness which happens everyday in the workplace. What a powerful experience, as was done in my beloved Corps, to understand, live and breath for the gal or guy next to you. People from all different walks of life, at least on duty, set aside their petty differences to accomplish something much bigger than we'd ever imagine! However - upon seprarating, I was in for a huge shock - workplace back-stabbing, politics and worst of all - HYPOCRITES who write company mission statements and not only refuse to obey what they wrote, but selectively enforce their policies on others with no justice for those who screw up the most, make everyone's life miserable. At each stop on my career journey (only had 7 jobs on 20 years since separating) - I blindly believed that "this time would be different." Well - it never was. I am not whining but take full responsibility for my naive approach. More than a year ago - I was terminated from a 'Christian' organization for basically living out my faith by going out on the street and preaching the Gospel. Imagine that; an organization who claims to be "Changing Lives in the Name of Christ" throwing me (and others) out for doing what Jesus did...WOW! Nevertheless - I haven't been employed since that time and truthfully beloved, I don't see a scenario where I can walk into a workplace again knowing that when foolishness arises, I will address it and be out on my butt again. It would be a waste of my time and the organization's resources - no? My question is this - I understand that one has to have had many more jobs than I have to qualify for (I think it is called) TDIU. Will the VA, when I have my PTSD appointment, ask about my employment history? Is a TDIU claim even possible in my situation? What is even more real is I am unsure if I face such wanton hypocrisy again, I will be able to keep calm. Although, on some level, we have all committed hypocritical acts (I am no exception), how can, being foung guilty of INTENTIONAL disobedience - corporate people not feel remorse and turn from that? How can people live with so little integrity? One thing I learned and have held onto for all of these years (from the Corps) is taking responsibility and admitting wrong-doing. I digress. Any help on the TDIU claim question would be appreciated and since you are veterans (or even their spouses) I would appreciate any feedback on my worldview - whether nice or not! I am trying so hard to blend in but it isn't and hasn't worked out for me.
  11. I first enrolled on the Agent Orange Registry in about 2008. No real reason then, except others said it was a good idea to get on the list. I was in-country in Vietnam from 1968-69. In 2012, I saw that Ischemic Heart Disease was added as a covered Agent Orange disease as of September, 2010. I had a heart attack in 2006. So, I applied and got a 60% rating and was paid retro to September 2010. That 2-year lump sum deposit was sweet! In 2013, I applied for PTSD and was denied because of a doctor filling out his report wrong. I appealed and was granted 50% only 6 weeks later! Now, my rating increased to 80%. In December, 2014 I applied for a rating because the VA said I was a diabetic and put me on an RX. They rated me 20% for that, but not enough to change the 80% rating I already had. In February 2015, I asked to have the PTSD rating increased and that I had left my job 2 months earlier because of the PTSD. In April 2015, they increased my PTSD to 70%, for a new rating of 90% overall. However, they also put the added benefit of Unemployability on the claim, which boosted the claim way up there. With a spouse, I went from getting $1688 to $3415 per month! They now put me at 100% Total and Permanent disability! When that rating came in, I immediately went to my Motor Vehicle Dept and got a Disabled Veteran plate for my car. Cost: only $4.50/yr! Then to the county appraiser's office here in florida to file for my exemption. At 100% total and permanent, they waive 100% of your property taxes on your home! ($3600/yr savings!) If you are under 65, which I wasn't, you can also apply for a waiver of your monthly premium for some types of Servicemen's Group Life you may have. Also, but not the least, I went to a somewhat (75 mi. away) local Naval base and applied for a ID card that gives me 100% privileges at any commissary or exchange anywhere in the world, at any military base. I went to an Air Force one yesterday! I can even book a campsite or room at any base that offers it. Disney, Universal, etc are on the discount list too! The gist of all this, it's that you can do it yourself! Everything you need is available online .Sign up for Ebenefits online today! If you feel you need assistance, see your local VFW, American Legion, of VA Officer. Most states also have service officers that are paid by the state itself. They are usually disabled vets themselves and are there to be on your side. Stay away from the attorneys! They are in it for the money only!
  12. I just wanted to post my success. I was called on 7/22 about one my contentions because QTC did complete the physical for it. She told me she would send the request for an appt at the nearest VA Hospital and send the rest of my claim on. By Friday everything was completed and my appointment was made two week out. My compensation is 50%. Of course I won't know the break down until I get the package. I am really curious to see it. Thanks to Hadit.com I was able to keep from going crazy. Thank you all for posting your stories to keep my nerves down. Claim Received: 06/01/2014 (I started before I left active duty) Claim Type: Compensation Claim Received: 1/09/2014 Under Review: 1/09/2014 Gathering of Evidence: 4/21/2014 (After my QTC appointments, still active duty) Review of Evidence: 6/24/2014 (Review began 6/1/2014, my retirement date) Pending for Decision: 7/22/2014 Pending Decision Approval: 7/23/2014 Preparation for Notification: 7/24/2014 Complete: 7/24/2014 Total of 54 day after discharge. Contentions: >8 Regional Office of Jurisdiction: Winston-Salem
  13. Finally after all the years of agony pain and frustration i got a deposit today over six figures. All i gotta do now is wait for the envelope telling me i got 100% P&T I gave up one time but decided to fight to my last breath and low and behold won it all through a DRO conference hearing. I am so glad that GOD has blessed me in this way so that my wife of 49 years will finally be taken care of. Thank you HADIT and i will inform you all when i get the brown envelope. good luck to everyone still waiting for some justice and consideration from the VA for the service that was so freely given by each one here so unselfishly I salute you all
  14. I was sitting in my jacuzzi this morning and got a call from my lawyer .They told me i got my PTSD increase from 30% to 50 % so i called my bank and low and behold there was a large deposit from the VA. I had almost given up but thanks to the encouragement from HADIT elders and others i stuck it out and finally got an increase. Also today at 1:00 pm my lawyer is mediating with the hearing judge for my heart claim ,IF all goes well i may not have to drive 6 hrs to WINSTONSALEM NC to the in person hearing . The judge might make a decision today and my lawyers say evidence is in my favor, we'll see.
  15. I just want to thank everyone on hadit for the needed support! I just found out on the document tab on ebenefits that my claim is finished and sent out! I have not recieved my Brown package yet, so i dont know the actual ratings of everything on my claim. My claim was from April '11- Sep 12, 2012 (17months) UI/100% (eff.Dec'11) @seattle Varo :Ptsd/neck/shoulder/back I'll post again once i recieved the letter. Also, i would like to donate to this great site for all the great advice i have read and recieved from everyone, once i recieve the monetary compensations of course. PS. Hang in there everyone! Times are rough and I know it hurts for alot of us! If i were to say, "how long claims take @sea," they can be around 17-20months from what ive gathered. Make sure you got the DAV on yourside as well, they did a great job for me! God Bless!
  16. Figured I would pass this along to those who are stuck in the process: I had an outstanding claim since 2005 dealing with nerve problems secondary to a pinched sciatic nerve. At one point I was rated 10% for one nerve, out of the half dozen or so that are affected. I pursued this claim constantly and was just awarded 40% for my sciatic nerve, encompasing all of the affected nerves. Don't give up hope! And remember, it has to be adjudicated for any of the deadlines to affect your claim. They rated me on one nerve out of all the ones I specifically claimed: They never said yes or no to those claimed nerves, so it was still an open claim for all 7 years.
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